| IN THE MATTER OF QABAIL HIZBULLAHANKHAMON V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL |
| Motion No: TP 08-01532 |
| Slip Opinion No: 2008 NYSlipOp 83438(U) |
| Decided on September 17, 2008 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. TP 08-01532
| IN THE MATTER OF QABAIL HIZBULLAHANKHAMON, PETITIONER, V
BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, RESPONDENT. |
Petitioner having moved for an extension of time to file and serve a brief on the CPLR article 78 proceeding transferred to this Court by an order of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on July 17, 2008,
Now, upon reading and filing the affidavit of Qabail Hizbullahankhamon sworn to August 28, 2008, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted on condition that the brief is filed and served on or before October 6, 2008, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that respondent's brief shall be filed and served on or before November 10, 2008.
Entered: September 17, 2008
JoAnn M. Wahl, Clerk